Blow for Gachagua as High Court nods to impeachment motion

The High  Court has declined to give interim orders that could stop the National Assembly from tabling a motion on Rigathi Gachagua’s impeachment.

In a ruling on Monday, September 30, Judge Bahati Mwamuye declined a request to stop the tabling and debate on the impeachment motion filed by former United Democratic Alliance Secretary General Cleophas Malala.

Malala and the DP’s allies filed a petition ahead of the impeachment motion scheduled on Tuesday, October 1, 2024.

'I note that the Chamber Summons and the Petition seek interim and final orders respectively against the Respondents and the 1st and 2nd Interested Parties restraining them, jointly and severally, from tabling, debating, considering, or acting upon any motion for the removal or levying of sanctions against the 3rd Interested Party, the Deputy President of the Republic of Kenya,'' the judge stated.

The judge noted that the matter was urgent and directed the petitioner to serve the National Assembly and the Senate together with other interested parties before the day ends.

Malala had filed a petition in court seeking a stop to tabling, debating, considering, or acting upon any motion for the removal or levying of sanctions.

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The petitioner (Malala) argued that the National Assembly and the Senate were currently unlawfully constituted and therefore lacked the mandate to debate the impeachment.

“The basis advanced by the Petitioner/Applicant is that the 1st and 2nd Respondents, the National Assembly and the Senate respectively, are allegedly unconstitutional in terms of their composition due to an alleged failure by the Respondents, jointly and severally, to meet the constitutional requirements regarding the 'no more than two-thirds gender rule' set out under Article 27(8) and Article 81(b) of the Constitution,” read the court document.

The respondents and the interested parties have until October 3, 2024, to respond to the issues leveled against them and serve the court with the same response. 

The case is set to be mentioned before the High Court on October 7, 2024, for further directions and issuance of orders. 

Meanwhile, the impeachment motion for the ouster of DP Gachagua is set to be tabled tomorrow in the House.

The motion movers have prepared more than ten grounds, including allegations of gross violations of the constitution and violation of Article 10 on national values and principles of governance, among other grounds.